Final Judgment

Applying the settled rule that an appellate court will affirm a lower court whenever possible.
  • Injunctive relief immediately appealable.
  • Mandamus immediately appealable.
  • Cohen collateral doctrine test not a statutory construction.
    • 3-part test:
      • 1. Issue must be fully resolved.
      • 2. Issue be completely divorced from merits.
      • 3. Issue be one that is “effectively unreviewable” if we wait for a final judgment.
    • Lauro Lines an example of applying the Cohen test
      • They feel clause was supposed to give them freedom from hassling with litigation other than in Naples.
      • Could be right to be free from suit (this is how we conceive of "official immunity" like in Gomez v. Toledo--who has to prove existence or not--freedom from suit to free up time to do job, not to protect assets)
      • Justice Brennan says this could also be freedom from binding judgment other than from Naples court.
        • If that's view of bargained-for forum selection clause, then it can always be voided later on and you can be free from judgment.
      • What kind of protection is most analogous to this forum selection clause?
        • Somewhat like arbitration clauses (freedom from litigation itself).
        • Or maybe personal jurisdiction (goes to the where question).
          • But personal jurisdiction is a Constitutional issue, thus different.
      • Note that, absent Cohen, if you lose this argument, you cannot immediately appeal.
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